Chapter III: Part 3

ELIZABETH MACDONALD, in Tulloch of Invercauld, aged twenty-eight years, unmarried, solemnly sworn, purged and interrogate by the sworn interpreter aforesaid, Depones, That the day before she heard Serjeant Davies was amissing, she saw Duncan Clerk, the panel, at the shearers of Gleney, but did not observe from whence he came: That she does not remember that he had either a gun or a plaid, but thinks that he had a short blue coat upon him, and that Gleney is a mile farther up the water towards the hill than Inverey: That when she saw the said panel it was before dinner, which they took early that day, being betwixt twelve and one; and that Duncan Keir, the preceding witness, was one of the said shearers; and that Gleney is about a mile from Glenconie. _Causa scientiae patet._ And this is the truth, as she shall answer to God. This deposition signed by the said sworn interpreter.

(Signed) DUNCAN CAMPBELL.
HEW DALRYMPLE.

The Lords Commissioners of Justiciary fine and amerciate Ronald Macdonald, brother to James Macdonald in Allanquoich, and Alexander Macintosh _alias_ Reoch, now servant to Thomas Gordon of Fetterletter, in Strathaven, and each of them, in the sum of one hundred merks Scots money, for their not appearing this day and place, to bear leal and soothfast witnessing, in so far as they knew, or should be asked at them, anent the said panels, Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, their guiltiness of the crime of murder mentioned in the said indictment, raised at the instance of his Majesty's advocate against them thereanent, as they, who were lawfully cited for that effect, thrice called, and not compearing.

(Signed) GILB. ELLIOT, I.P.D.

The Lords ordain the assize forthwith to inclose in the Exchequer-Room, and to return their verdict against six o'clock in the afternoon to-morrow, in this place; and ordain the haill fifteen then to be present, and the panels to be carried back to prison.

_CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
Burgi de Edinburgh, Duodecimo die Mensis Junij, 1754, per
honorabiles viros Carolum Areskine de Alva, Justiciarium Clericum,
Dominum Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de
Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de
Drummore, Commissionarios Justiciarios dict. S. D. N. Regis._

_Curia legittime affirmata._

INTRAN.

DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD,--Panels.

Indicted and accused as in the former Sederunt.

The persons who past upon the assize of the said panels, returned
their verdict, in presence of the saids Lords, whereof the tenor
follows:

AT EDINBURGH, the twelfth day of June, one thousand seven hundred
and fifty-four years.

THE ABOVE ASSIZE having inclosed, and having made choice of Robert Forrester to be their chancellor, and William Sands to be their clerk; and having considered the criminal indictment pursued at the instance of William Grant of Prestongrange, Esq., his Majestie's Advocate, for his Majestie's interest, against Duncan Terig alias Clerk, and Alexander Bain Macdonald, both now prisoners in the tolbooth of Edinburgh, panels, with the Lords Justice-Clerk and Commissioners of Justiciary, their interlocutor thereupon; together with the depositions of the witnesses adduced for proving thereof; and the depositions of the witnesses adduced for the exculpation of the panels, they all, in one voice, find the above-named panels not guilty of the crimes libelled. In witness whereof, their said chancellor and clerk, in their names, have subscribed thir presents, place and date foresaid.

(Signed) ROB^T FORRESTER, _Chanl^r_.
WILLIAM SANDS, _Clerk_.

THE LORDS JUSTICE-CLERK AND COMMISSIONERS OF JUSTICIARY, in respect of the foresaid verdict of assize returned against the said Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, panels, ASSOILZIE them simpliciter, and dismiss them from the bar.

(Signed) CH. ARESKINE, I.P.D.